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(영문) 서울북부지방법원 2017.05.16 2016가단125467
소유권이전등기
Text

1. The Defendant’s sales of each of the real estate stated in the separate sheet to the Plaintiff, and each of the real estate listed in the separate sheet, on April 14, 2016.

Reasons

1. Determination on the plaintiff's claim for performance of the procedure for transfer registration of ownership

A. On April 14, 2016, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) from the Defendant’s father, in a total of 670 million won, for convenience. Accordingly, the Plaintiff paid D deposit amount of 67 million won and intermediate payment of 50 million won on April 28, 2016, respectively. Following the death of C around May 7, 2016, the Defendant’s sole inheritance of C’s property; however, D et al. sent a certificate of content and attached sheet to the real estate agent (E) who arranged for the above sales contract, and issued a provisional attachment of 500,000 won to the Defendant, including the remainder of deposit money of 500,000 won to the Defendant under the separate sheet (hereinafter referred to as “direct claim”) and the remainder of deposit money of 500,000,000 won to the Defendant without his participation, and the Plaintiff’s remaining claim for the remainder of deposit money under the above sales contract is 500,516.5 billion won.

B. In full view of the aforementioned facts, the instant repayment deposit is “where the obligor cannot be identified even if he/she fulfills his/her fiduciary duty,” and is at least in relation to the Defendant.

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